An application having been duly made pur~suant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, appr~oved June 16, 1933, for approval of an amend-
ment to thle Code of Fair Completition. for the K~anlmein Industry,
a division of the Construction Industry, and opportunity to be heard
having been given thereon and the annexed report on said amend-
mlenlt containing findings with respect thereto, having been made
and directed to the President;
NOW, THEREFORIE, on behalf of the President of the United
States, the Niational Industrial Recovery Board, pursuant to au-
thority vested in it by Executive Orders of the President including
Executive Order 6859, dated September 27, 1934, and otherwise;
does hereby incorporate by reference said annexed report and does
find that said amendment and the Code as constituted after being
amended comply in all respects with the pertinent provisions and
will promote the policies and purposes of said Title of said Act;
and does hereby order that said amendment be and it is hereby
approved, and that the p~revrious approval of said Code is hereby
amended to include an approval of said Code in its entirety as
amended.
NATIONAL INDUSTRIAL IECECOVERY BOARD,
By W. AC. HARRIMAN, Affl~lini~strativ;Le Op9ier.
Approval recommended :
RonT. N. CAMPBELL,
Acting~ Division, Adm7inistrator.
TVASHlINGTON, D. C.,

1293'7'---1 740-441--35 (1)

]REPORT TO T~HE PRESIDENT

The PaRsESTDT,
Tihe White H~ouse.
SIR: This a report on an Amendment to the Supplemnentary Code
of Fair Competition for the K~alamein Division of the Construction
Industry which wcpas approved on June 9, 1934.
This amendment makes it mandatory that each member of the
Industry must15 pay his or its equitable contribution to the expenses
of the maintenance of the Divisional Code Authority, and that only
members of this Industry3 compl~yi'ng with the Code and contributing
to the expenses of its administration shall be entitled to.participation
in the selection of members of the Code Authority.
FINDINGS

The Deputy Administrator in his final report on said amendment
to said Code having found as herein set forth and on the basis of all
the proceedings in this matter:
T~he Board finds that:
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruec-
tionls to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organize tion of industry for the purpose of
cooper~ativet action of labor and management under adequate govern-
mental sanction and supervision, by eliminating unfair competitive
pr act ice~s, by promoting the fullest possible utilization of the present
product we capacity of industries, by avoiding undue restriction of
production (except as may be temporarily required), by increasing
the consumptionl of industrial and agnricu~ltural products through
incenin prchasing power, by reducing and relieving unemploy-
ment,~ by imroin standaopprds of labor, and by otherwise rrh abili tat-
inge~,b ilndusry.il~sadad
("b) The Code as amlended~ compies in all res~pects with the peri
nent provicions of said Title of said Act, including without limnita-
tion subsection (a) of Section 3, subsection (a) of Section 7 and
hlub4eCtion (b) of Sectio~n 10 thereof.
(c) The Code empowers the Divisional Code Authority to present
the aforesaid amemlTlment on behalf of the IndustryS as a whole.
(d) TIhe unwlmenlllllt. and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) T'he amendment and the Code as am~endled are not designed
to and will not e~limlinatefC or oppress small enterprises and will not
operate to dliscrinui~nate aainlstl th~em.

(f) Those engaged in other steps of the economic process have
not beenI depr~ived of the right to be hear~d prior to appr~oval of
said amendment.
For these reasons, thereforec, thre National Industrial Recover~y
Board has approved said amendment to the Kialamein Industry's
Chapter of the Code of Fair Competition of the Construction
Industry.
For the National Industirial Recovery B~oard:
W. ACI. HARRIMAEN,
Administrative Of)Ecer.
APRnu 16. 1935.

Amellndr Article III, Section 4, by deleting th~e present Scution aind,
in lieu therleof, insert the following:
SECT`ION 4. It being foundl necessary,, in order to support the ad-
ministrat~ion of this Chapter and to maintain the standards of fair
competition established bly this Code and to effectuxate the policy
of the Act, the D~ivisional Code Aiuthority is authorized, subject to
the approval of the National Industrial RecoveryT Board:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of this Chapter;
(b) to submlit to the National Inlustr~ial Recoveryr Board for its
approval, subject to such notice and opportunity to be heard as it
mnay deemn necessary, (1) an itemized budget of its estimlatedl ex-
pen"~'es for the foregoing purposes, andl (2) an equitable basis upon
-which the funds nercessanry to support such budget shall be contributed
by memllbers of this Division;
(c) after such budget and basis of contribution have been a-p-
proved by the Natio~nal Industrial Recovery Board to determine
and secure equitable contribution as ablove set forth by all such
memllber~s of this Division, and to that end, if necessary, to institute
legal proceedings thlerefor in its owrn namre.
(d) Each member of the Divisionl shall pay his or its equitable
contribution' to the expenses of the mlaintenance of the D~ivisional
Codle Authority, determined' as here~ilnabove p~rovidedt and subject to
the rules and regulations pertainingr thereto issued bythe Naltional
Indus~trial Recovery Board. Only members of theInutycm
ply3'ing with1 the Code and co-ntr~ibulting to the expenses of its admin-
istration as hereinabove provided, (~unless duly exemlptedl from mak;-
ing such co~ntr~lib lutios) shall be enltitled to participate in the selee-
tion of members of the Divisional C~ode Aut~hority or to r~cecive the
benefits of any of its voluntary activities or make use of any emblem
or insignia of the National [Recovery Admli nist ratifonl.
(e) 'The Divisional Code Authority shall necith~er incur nor pay
any obligation substantially in exscess of the amount thereof as
estimated in its aypprovedc budget, and shall in no event texced the
total aonll(llt.
proval of the Nuational Industrial Recov~ery Board; and no subse-
quent budget shall contain an~y deflicyclc) items for expendliturles in
excess of prior budget estimartt es ecept those which the NIational
Industry Iial R covery3 B~oard shall have so approved.
App~rovdct Code No. 2+01 -Miletall(lll lI.t No. 1.
Registry~ No. 1123--1-02.
(4)

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